REASONS FOR IMPUNITY IN THE OFFENSE OF ABUSE OF TRUST

The reasons for the impunity for the offense of abuse of trust are as follows;

If the crime of abuse of trust is committed at the expense of one of the spouses, parent or child, or one of the daughters-in-law of this degree, or one of the adoptive or adopted siblings who live together in the same dwelling, no punishment will be imposed on the relative concerned.

If the offense of misconduct is committed to the detriment of one of the spouses, one of the brothers who do not live together in the same residence, the uncle, aunt, aunt, nephew or second-degree daughter-in-law who live together in the same residence, the punishment to be given in the event of a complaint about the related relative is reduced by half. Certain kinship relations are regulated as a personal reason that requires a reduction in punishment.

The provision of effective remorse has also been adopted for the offence of abuse of trust. After the crime of abuse of trust in accordance with TCK 168 is completed, but only for this reason, before the prosecution begins, if the perpetrator, instigator or benefactor personally shows remorse and completely fixes the damage suffered by the victim by returning it in kind or compensating the victim for the damage, up to two-thirds of the penalty to be given will be reduced. If the effective remorse is shown after the start of the prosecution and only before the verdict is given, up to half of the sentence to be given will be reduced. However, in order to implement the provisions of effective remorse in the event of partial refund or partial compensation, the consent of the victim is also sought.

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